Ex Parte Petrozziello - Page 2




               Appeal No. 2005-0516                                                                       Page 2                  
               Application No. 10/199,803                                                                                         



                                                       BACKGROUND                                                                 
                      The appellant's invention is generally related to fencing and is particularly related                       
               to protective guards securable to fences (specification, p. 1).  A copy of the claims                              
               under appeal is set forth in the appendix to the appellant's brief.                                                


                      The prior art of record relied upon by the examiner in rejecting the appealed                               
               claims is:                                                                                                         
               Allen                                         3,648,981                     Mar. 14, 1972                          
               Demarest                                      4,071,223                     Jan. 31, 1978                          
               Eisele                                5,402,988                      Apr. 4, 1995                                  
               Giannelli                                     5,762,444                     June 9, 1998                           
               The appellant's admission of prior art (specification, pages 1-2; Figures 1-5) relating to a                       
               protective guard for a chain link fence (Admitted Prior Art).                                                      


                      Claims 1, 3 to 6, 11 and 14 to 16 stand rejected under 35 U.S.C. § 103 as being                             
               unpatentable over the Admitted Prior Art in view of Eisele.                                                        


                      Claims 17 to 19 stand rejected under 35 U.S.C. § 103 as being unpatentable                                  
               over the Admitted Prior Art in view of Eisele and Giannelli.                                                       


                      Claims 7 to 10 and 20 to 24 stand rejected under 35 U.S.C. § 103 as being                                   
               unpatentable over the Admitted Prior Art in view of Eisele and Demarest.                                           







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